Commentary

(4) The application of UCTA 1977

Division AII Contract of Employment
| Commentary

(4) The application of UCTA 1977

| Commentary

(4)     The application of UCTA 1977

According to the Court of Appeal in Commerzbank AG v Keen [2006] EWCA Civ 1536, [2007] IRLR 132, the Unfair Contract Terms Act 1977 does not apply to employment contracts. It was a point of controversy for many years whether an express term could be attacked under UCTA 1977, especially where an employee was seeking to be discharged from an obligation or to challenge an exercise in employer power that they considered to be unfair. UCTA

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